Tort Law

Brien Roche

Presumptions-Due Care

This page within Virginia Tort Case Law is a compilation of cases on presumptions-due care reported by the Virginia Supreme Court and summarized by Brien Roche dealing with the topic of Presumptions-Due Care.For more information on presumptions see the pages on Wikipedia.  

Presumptions-Due Care Cases

2002 Hot Shot Express, Inc. v. Brooks, 264 Va. 126, 563 S.E.2d 764.

Presumption-due care only applies in wrongful death actions and in actions where plaintiff’s injuries rendered him incapable of testifying on his own behalf. This presumption likewise applies to a plaintiff who establishes that her retrograde amnesia was caused by injuries suffered in accident. In this particular case, plaintiff was not entitled to presumption because she failed to establish that her retrograde amnesia was caused by the injuries she suffered in the accident. It was error then to instruct the jury on this issue.

1984 Virginia & Md. Ry. v. Mite, 228 Va. 140, 319 S.E.2d 755.

Absent evidence to contrary, decedent is presumed to have exercised reasonable care for his own safety and to have acted only as ordinarily prudent man would have acted under circumstances.

1979 Petress v. Seay, 219 Va. 1053, 254 S.E.2d 91.

Plaintiff’s decedent presumed to have exercised due care, but presumption is rebuttable.

1974 Charlottesville Music Center, Inc. v. McGray, 215 Va. 31, 205 S.E.2d 674.

In negligence action where no eyewitnesses to accident, it will be presumed, in absence of evidence to contrary, that deceased exercised ordinary care and caution for his own safety. Jury question on contributory negligence presented.

1969 Powell v. Nichols, 209 Va. 654, 166 S.E.2d 243.

Decedent presumed to have obeyed law.

1969 Hagan v. Hicks, 209 Va. 499, 165 S.E.2d 421.

Must be presumed that decedent exercised ordinary care. Decedent ran into tractor-trailer loaded with heavy logs on highway in time of darkness without proper lights and logs extended six or seven feet beyond rear of truck. Jury question as to decedent’s contributory negligence presented.

1967 Roberts v. Mundy, 208 Va. 236, 156 S.E.2d 593.

Reference made to presumption of ordinary care as to decedent.

1966 Cook v. Basnight, 207 Va. 491, 151 S.E.2d 408.

Defendant ran red light. This presented prima facie case of negligence. Error to instruct jury on presumption of due care.

1965 Minter v. Clements, 206 Va. 403, 143 S.E.2d 847.

In absence of evidence to contrary, presumption is that driver was keeping proper lookout and saw approaching vehicle.

1964 Unger v. Rackley, 205 Va. 520, 138 S.E.2d 1.

Deceased presumed to have acted with due care.

1962 VEPCO v. Mabin, 203 Va. 490, 125 S.E.2d 145.

Plaintiff entitled to presumption that he is free of negligence.

1959 Brooks v. Hufham, 200 Va. 488, 106 S.E.2d 631.

Presumption of due care in making left turn.

1958 Cook v. Sholder, 200 Va. 281, 105 S.E.2d 860.

Person is presumed to have seen that which he should have seen, had his observation been careful and attentive.

1957 Watson v. VEPCO, 199 Va. 570, 100 S.E.2d 774.

Presumption of due care as to deceased.

1957 Burks v. Webb, 199 Va. 296, 99 S.E.2d 629.

Presumptions-due care.Injured party or deceased is presumed to have exercised ordinary care for his own safety.

1952 Martin v. Carrington, 193 Va. 627, 70 S.E.2d 313.

Pedestrian struck. Presumptions-due care that plaintiff exercised ordinary care for his safety. This presumption prevails only in absence of evidence.

1951 Norfolk & P. Belt Line R.R. v. Freeman, 192 Va. 400, 64 S.E.2d 732.

192 Va. 409 Makes reference to there being slight presumption that plaintiff did his duty.

1950 Hoffman v. Stuart, 190 Va. 880, 59 S.E.2d 94.

Presumptions-due care.In absence of evidence to contrary, presumption is that driver was keeping proper lookout and saw approaching truck.

1947 Vaughn & Spears v. Huff, 186 Va. 144, 41 S.E.2d 482.

Presumptions-due care on part of plaintiff.

1946 Slate v. Saul, 185 Va. 700, 40 S.E.2d 171.

Presumptions-due care.There was no evidence of driver not having stopped for stop sign. Presumption that he had stopped.

1944 Bly v. Southern Ry., 183 Va. 162, 31 S.E.2d 564.

Presumptions-due care.In absence of evidence, court will assume plaintiff free of negligence.